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Oxford Labour Law

Strike Ballots, Democracy, and Law

McCrystal, Shae (Professor of Labour Law, Professor of Labour Law, University of Sydney) & Denvir, Catrina (Senior Lecturer, Senior Lecturer, Department for Business Law & Taxation, Monash Business School) & Creighton, Breen (Honorary Professor, Honorary Professor, Graduate School of Business and Law, RMIT University) & Johnstone, Richard (Professor, Professor, School of Law, Queensland University of Technology)

Strike Ballots, Democracy, and Law

Oxford Labour Law

Strike Ballots, Democracy, and Law

Oxford Labour Law: Strike Ballots, Democracy, and Law

 

This book critically evaluates mandatory strike ballots as a means of protecting the 'democratic' rights of workers. Exploring empirical case studies from Australia and comparative analysis from a range of other countries, this book concludes that often the goal is to curtail strikes rather than support the democratic imperative for workers.


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Beschrijving Oxford Labour Law: Strike Ballots, Democracy, and Law

International law and most national legal systems recognize the right to strike as a fundamental human right. However, the most common qualification for a strike is that the action must first be approved by ballot. These types of requirements are often said to be necessary to protect the democratic rights of the workers - the so-called democratic imperative. But is that truly their aim?

This book draws on detailed empirical study of the Australian legislative provisions for pre-strike ballots; a comparative analysis of law and practice in a range of countries including Canada, South Africa, the United States, and the United Kingdom; and the approaches of the supervisory bodies of the International Labour Organisation to evaluate the true purpose and effect of the ballot requirement. While in some cases the ballot requirement provided additional bargaining leverage for unions, overall, the study showed that the principle purpose of ballot requirements is to curtail strikes rather than vindicate the democratic imperative it claims to support.

Exploring collective bargaining and union democracy, this is an essential title for those involved in or studying labour law. This book also demonstrates the fundamental shortcomings of ballot regimes, and provides and accessible exploration of the operation of said regimes, which makes this a helpful tool for unionists to understand their rights as workers. It also considers significant policy questions in the field and is relevant in the respect of the international labour law regime.


ISBN
9780198869894
Pagina's
320
Verschenen
Serie
Oxford Labour Law
NUR
820
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP Oxford

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